On Monday, December 2, 2024, New Hampshire Public Radio reported that lawyers representing New Hampshire Supreme Court Justice Anna Barbara Hantz Marconi have called for the disqualification of Attorney General John Formella from a significant criminal case involving the justice. The defense argues that Formella’s prior role as legal counsel to Governor Chris Sununu creates a conflict of interest, particularly since Sununu is expected to be a key witness in the trial.
Hantz Marconi, appointed to the Supreme Court by Sununu in 2017, is facing accusations of attempting to influence the governor regarding an investigation into her husband, Geno Marconi, who serves as the state ports director. During a court hearing, Hantz Marconi’s attorney, Richard Guerriero, asserted that Formella’s previous work for Sununu compromises his ability to remain impartial in the case.
Guerriero stated, “His personal interests are directly tied to this very powerful and important witness,” referring to Sununu. He suggested that if the charges are not dismissed, a special prosecutor should be appointed to prevent any real or perceived bias.
In response, state prosecutors argued against the defense’s request, stating that allowing Hantz Marconi’s claims would set a troubling precedent. Assistant Attorney General Joe Fincham emphasized that the defense’s argument implies immunity for individuals committing crimes in the presence of high-ranking officials. He contended that such a standard is unworkable and would undermine the rule of law in New Hampshire.
The prosecution also noted that Sununu is set to leave office and return to private life in January, prior to the anticipated trial date for Hantz Marconi. This timeline raises questions about the relevance of any potential conflicts given Sununu’s impending departure from the political arena.
Hantz Marconi, present in the courtroom during the hearing, opted not to speak and declined to answer reporters’ questions afterward. She has entered a “not guilty” plea to multiple charges, including two felony counts of improper influence and several misdemeanors, which encompass criminal solicitation and obstructing government administration.
The charges against Hantz Marconi stem from allegations that she sought to improperly sway an investigation into her husband by meeting privately with Sununu and his personal attorney. According to reports, during a meeting in June, she allegedly asserted that the accusations against Geno Marconi lacked merit and expressed concern that her forced recusal from cases was hindering the Supreme Court’s function.
Just after Hantz Marconi was indicted, her husband was also indicted by a Rockingham County grand jury for allegedly misusing confidential records related to Neil Levesque, a member of the Pease Development Authority’s board and head of the Institute of Politics at Saint Anselm College. Geno Marconi is accused of sharing these records with a co-defendant, Bradley Cook, who served alongside him on a port advisory committee.
The exact nature of the documents in question, as well as the intended use of these records, remains unclear. Geno Marconi has pleaded “not guilty” to the charges, with a trial projected for next year.
During the recent hearing, Hantz Marconi’s legal team emphasized the importance of Sununu as a witness, as he and his attorney were the only individuals present during the June meeting with Hantz Marconi. The defense’s arguments also included claims that her communications regarding the investigation fall under her constitutionally protected rights and judicial immunity.
With Hantz Marconi’s ongoing legal troubles, she has been required to recuse herself from all cases involving the Attorney General’s office since the investigation into her husband began. In July, she was placed on administrative leave from her judicial position, and following the indictments, her law license was temporarily suspended.
The presiding judge, Martin Honigberg, did not make an immediate decision regarding the defense’s request to dismiss the indictments or to prevent the Department of Justice from prosecuting the case.
Source: New Hampshire Public Radio
